Galupova L. Alternative ways to resolve conflicts in the field of intellectual property law

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0421U102760

Applicant for

Specialization

  • 12.00.03 - Цивільне право і цивільний процес; сімейне право; міжнародне приватне право

12-05-2021

Specialized Academic Board

Д 41.086.03

National University «Odessa Law Academy»

Essay

The dissertation is the first in the science of civil law special comprehensive study of alternative ways of resolving conflicts in the field of intellectual property law. The dissertation considers scientific approaches to the definition of the concept of «conflict» and reveals its relationship with the category of «dispute». The peculiarities of conflicts in the field of intellectual property rights are determined, as well as their classification according to various criteria. The essence of alternative ways of conflict resolution and the advantages of their application in the field of intellectual property law is revealed. The concept of mediation and its advantages as a way of alternative settlement of the conflict in the field of intellectual property rights is considered, namely: fast settlement of the conflict and termination of the offense; making a decision that satisfies the requirements of both parties; maintaining professional ties; establishing a new business partnership; confidentiality of the process and preservation of the business reputation of the parties; impetus for the creation and development of new intellectual property rights. The international experience of regulating relations and the practice of mediation as an alternative way of conflict resolution is studied. Scientifically substantiated proposals and recommendations for improving the legislation in the field of regulating the mediation procedure are formulated.

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